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INDUSTRIAL COURT MALAYA JOHOR BAHRU
SIVANESAN DURAIRAJAH – Appellant
Versus
AEGIS BPO MALAYSIA SDN BHD – Respondent
What is the standard and burden of proof for just cause in dismissal due to absenteeism? What constitutes abandonment of employment when an employee is absent without leave? Is absenteeism without prior approval a just cause for dismissal under the Employment Act and Industrial Relations Act?
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| Table of Content |
|---|
| 1. claim of unfair dismissal due to absenteeism. (Para 4 , 5 , 6 , 9 , 10) |
| 2. lack of evidence for formal resignation leads to dismissal. (Para 12 , 19 , 47 , 50) |
| 3. policy against unjust dismissal must adhere to company procedures. (Para 25 , 27 , 38 , 40 , 42) |
| 4. burden of proof lies with the employer in dismissal cases. (Para 32 , 34 , 72) |
(A) Reference
[1] This is a Director General of Industrial Relation Malaysia reference to the Industrial Court under s 20(3) of the Industrial Relation Act 1967 ( IRA ) made on 13 August 2021 for an Award in respect of the dismissal of Sivanesan A/L Durairajah against Aegis BPO Malaysia Sdn Bhd.
(B) Introduction
[2] The parties in this matter filed their respective written submissions and submissions in reply received on 13 February 2023, 20 February 2023, 28 February 2023 and 6 March 2023.
[3] This Court considered all the notes of proceedings in this matter, documents and the cause papers in handing down this Award namely:
a) The Claimant's Statement of Case dated 30 November 2021.
b) The Respondent's Statement In Reply dated 23 February 2022.
c) The Claimant's Rejoinder dated 9 March 2022.
d) The Respondent's Bund
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